Contract Signed but no Job

[np99]

What is my legal position?

I work as a contract via my own limited company and got a contract via an agency.

I accepted the contract for a company.

I signed the contract but now the job has been postponed indefinably.
(I even got a email directly from the company informing me of this; first for a few days and then indefinably)

Can I sue the company or agency?


Rgds

[thunderlizard]

You can always sue if you want to. Whether you've got any chance depends on what your contract says (& how good your lawyers are).

The contracts I tend to work on usually say I can charge based on work done, and when no work's required by the customer I can work for other customers, so I'd find it hard to sue for loss of revenue.

[TheFaQQer]

You could sue either, but you won't win.

Chalk it up to experience, and look for more work.

I've often wondered about putting something in the contract that says something like "In the event of the contractor not starting the contract, through action by the client or agency, a fee of £XXX shall be payable from the agency to the contractor". Can't see any agency signing up to that, though.

[VectraMan]

Indefinably?

If the contract says there's a notice period, then you ought to be entitled to that. Otherwise forget it, move on.

[TheFaQQer]

Indefinably?

If the contract says there's a notice period, then you ought to be entitled to that. Otherwise forget it, move on.

There's probably a clause that says "no work, no pay".

[Crossroads]

If the contract says there's a notice period, then you ought to be entitled to that. Otherwise forget it, move on.

Why would a company be entitled to payment for services that haven't been delivered?

[VectraMan]

Why would a company be entitled to payment for services that haven't been delivered?

Because the contract says there's a notice period, which means you should be compensated the amount you would have expected to have made through that period even if they don't want you to work. Otherwise what does a notice period mean?

I agree it's a grey area at best. And IANAL.

[TheFaQQer]

IIRC, PCG Plus members might have some kind of insurance, if you can prove that you missed out on other work to take a non-existent role.

[FCSimmo]

There is probably a clause that states that the contract can be terminated without notice if the client (the agency) loses the work or the project is cancelled... The exact same thing happened to me in my first deal and there was nothing I could do...

Notice periods mean nothing if the project hasn't started and the work is cancelled... bunch of !

[RightLaugh]

simple - move on and focus on getting another contract. Tell them you will look for another contract but would like to know when they need you again and you can have first acceptance of contract.

Who knows in a few months time they might come back to you when your next contract expires.